News & Analysis as of

Unpaid Overtime Employee Rights Employer Liability Issues

Bradley Arant Boult Cummings LLP

Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without Prejudice

What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of...more

Carlton Fields

Ninth Circuit Approves Statistical Sampling And Affirms Certification Of Overtime Class

Carlton Fields on

The Ninth Circuit recently affirmed certification of a class of an estimated 800 current and former California-based Allstate Insurance Company adjusters who allege that Allstate has a practice or unofficial policy of...more

Mintz - Employment, Labor & Benefits...

Maryland Court of Appeals: Contrary to Federal Court Rulings, Maryland Employees Are Eligible to Recover Treble Damages from...

More bad news for employers: Maryland’s Court of Appeals (its highest court) has now put to rest any question about an employee’s right to recover treble damages in connection with an unpaid overtime claim....more

Franczek P.C.

Department of Labor Sets FLSA Regulation Deadline for November 2014, Final Regulations Unlikely to Arrive Before Spring 2015

Franczek P.C. on

Recently, we told you that President Obama had issued a Presidential Memorandum to the U.S. Department of Labor (DOL) instructing its Secretary to update regulations regarding overtime protection for workers under the Fair...more

Bracewell LLP

Thinking about Hiring Interns? New Case Reminds Employers of Rules on Interns

Bracewell LLP on

Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000...more

Cranfill Sumner LLP

President Obama to Order Expansion of Overtime Pay

Cranfill Sumner LLP on

President Obama is expected to issue an order today directing the Department of Labor to expand the number of people who qualify for overtime pay under federal labor law. According to reports in the Washington Post and other...more

Mintz - Employment, Labor & Benefits...

New York Federal District Court Endorses Use of Fluctuating Workweek Overtime Payment Method Where Employer Pays Performance-Based...

True story: the other day I was speaking with a friend in the HR realm and I asked him whether he was familiar with the fluctuating workweek. He jokingly answered: “does that have anything to do with my weight gain during the...more

FordHarrison

Legal Alert: Undocumented Workers Who Are "Off The Clock" Or "Off The Books" Are Still Subject To The FLSA

FordHarrison on

In Lucas v. Jerusalem Café, the United States Court of Appeals for the Eighth Circuit held that undocumented workers are entitled to recover for unpaid overtime and minimum wage violations under the federal Fair Labor...more

FordHarrison

Healthcare Industry Legal Alert: The Companionship Exemption For Agency Employed Home Care Workers May End As Early As This Month....

FordHarrison on

It has been reported that the Department of Labor (DOL) will issue a rule this month revising its regulations to eliminate the Fair Labor Standards Act's (FLSA) companionship exemption for agency-employed home care workers. ...more

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